All criminal proceedings, including acquittals, must be disclosed in nomination papers, and non-disclosure does not need to materially affect the election to be considered a ground for voiding the election.

ORDER :

1. The petitioner is before this Court seeking the following reliefs:

(i) Issue a Writ of Certiorari quashing the impugned judgment dated 10/11/2023 passed by the learned Principal Senior Civil Judge and CJM, Bagalkote, in E.P. No. 1/2021, vide Annexure-A.

(ii) Pass any other orders as this Hon’ble Court may deem fit in the interests of justice and equity.

2. Respondent No. 1 had filed an election petition against the petitioner as also respondent Nos. 2 to 10 in E.P. No. 1/2021, on the file of learned Prl. Senior Civil Judge and CJM, Bagalkote challenging election of petitioner to the Bevoor Gram Panchayath, Dist: Bagalkote held on 27.12.2020.

3. The said Election Petition having been allowed and the election of respondent No. 1 having been declared void the petitioner was respondent No. 1 therein is before this Court seeking for the aforesaid reliefs.

4. The contention of Sri. Shivaraj S.Balloli is that, the Trial Court completely misapplied itself inasmuch as the allegation made against the petitioner was only that he had not disclosed an acquittal in a criminal proceedings. The submission in this regard is that it is only if there is a conviction and or the said criminal proceedings being pending that disclosure is required to be made and not when the petitioner has been acquitted since such acquittal absolves the petitioner of all the liability. Secondly, he submits that the objection filed by respondent No. 1 to the nomination form submitted by the petitioner was beyond 6:30 PM. The time having been fixed for receipt of such objection being within 6:30 PM. Such objections not having been received at nonest and the same could not have been considered in the E.P. No. 1/2021. Thirdly, he submits that there were no issues and points for consideration which was formulated by the said Court prior to recordal of evidence. The points for consideration were formulated by the Court only in the judgment dated 10.11.2023 and as such, there is no opportunity which is available to the petitioner to contest the said proceedings in a proper way. Lastly, he submits that in terms of Section 19 of the Act 1993, it is only if results of the election be materially effected that an election could be declared as void, the non disclosure of the acquittal of the petitioner could not have any such material impact and therefore, the same would not constitute a ground that declaration of the petitioner’s election to be void. On all these grounds, he submits that the above petition is required to be allowed and the order passed in E.P. No. 1/2021 is required to be set-aside.

5. Learned counsel for respondent No. 1 would submit that it is not the objections which were filed to the nomination paper submitted by the petitioner which was considered but it was the election petition filed under Section 15 of the Karnataka Gram Swaraj and Panchayath Raj Act which was considered and orders passed. The grievances raised by respondent No. 1 in an election petition have been properly considered and there can be no fault found thereto. His further submission is that whether there is acquittal or otherwise would make no difference inasmuch as criminal proceedings having been filed ought to have been disclosed in the nomination papers which would have a material impact on the election to be conducted. The parties being aware of the issues and/or the grounds on which the election petition had been filed, there is no further requirement of formulating the issues and points for consideration, the parties were aware of lis which has been raised and as such, there is no prejudice which has been caused to the petitioner by not framing issues/points for consideration prior to evidence being led. On these grounds, he submits that the petition is liable to be dismissed.

6. Heard learned counsel for both the parties and perused the papers.

7. The points that would arises for consideration are:

(1) Whether in the nomination form filed by a candidate, the candidate would have